what questions should you ask a probate lawyer

^{Questions to Ask a Probate Attorney}

1. Do You Specialize in Probate Law? It is important to find out if the probate attorney you are meeting with is a true specialist, or just a generalist who ...
2. Do You Have Experience In Front of the Court Where My Case Will Be Heard? ...
3. Have You Handled Similar Cases? If So, What Was the Outcome? Experience with cases similar to yours is essential, so ask about the past experience of the probate attorney. ...
4. What Kind of Time Frame Do You Anticipate? Once again, every probate case is different, and the time frame for completion can vary widely. ...
What Kinds of Issues Do You Anticipate? All kinds of things can crop up in the course of a probate action, and it is important to be ready for ...
Can I Reach You If I Need You, Even Outside Office Hours? ...
What Fees Will I Be Asked to Pay?

Why is it so important to hire a probate attorney?

What do probate attorneys do?

• For preparing, drafting and filing the probate documents effectively and timely
• For securing all the assets of the decedent (be it probate assets or non probate assets)
• For obtaining the real value and conducting the actual appraisals of the assets
• For conducting the life insurance process, if any.
• For managing bills and final payments of the decedent

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What are the main duties of a probate attorney?

• Important Facts About This Occupation
• Education and Skills. If you're a prospective estate lawyer, you typically must attend law school to earn your Juris Doctor degree, and then pass your state's bar exam.
• Salary Information and Job Outlook. As of March 2021, Payscale.com reported that estate planning attorneys made a median annual wage of $78,000.

Why do you need to hire a probate attorney?

What Does a Probate Lawyer Do?

1. Keep the Family from Conflict. Hiring a probate attorney is a great way to prevent needless family conflict. ...
2. Access the Estate Faster. Probating can be a lengthy process – it often takes over a year. ...
3. Prevent Claims Against the Estate. ...
4. Prevent Rejection. ...
5. Answer Questions. ...
6. Deal with Debts Properly. ...
7. Avoid Overpaying. ...
8. Stay Away from Lawsuits. ...

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How do I choose the best probate attorney?

• What area of law do you specialize in?
• What percentage of your practice is devoted to probate (litigation, administration, planning)?
• How many situations similar to mine do you handle in a year?
• How often you do work on conflicts that end up in getting litigated?
• Described the timeline of how my case should proceed?

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What does it mean when a deceased leaves a pour over will?

If the deceased left a pour-over Will, it means that the assets mentioned be put in a trust. A probate attorney with estate planning or trust administration skills can be of great assistance. 12.

Can a decedent's assets be frozen?

In the blink of an eye, a decedent’s assets can be heisted, pillaged, squandered, or frozen. Probate attorneys help to execute the deceased’s estate plan or intestacy laws so that this doesn’t happen.

How long does it take to close a probate case?

A simple probate case could be decided within a week, while a complex action could take months to close.

Is probate a specialized area of law?

Probate law is a very specialized area of the law, and it is important to seek out an attorney with expertise in this area. You can find out a lot about your proposed probate attorney before you even get to the office.

Is a probate attorney a guarantee?

Every court is different, and every probate judge runs his or her courtroom in a specific manner. Working with a probate attorney who knows the ins and outs of the courtroom where your case will be heard can be a huge advantage, so be sure to ask about this specific expertise. Hiring a local probate attorney is no guarantee ...

Can a probate attorney give you a figure?

Even so, an experienced probate attorney should be able to give you a ballpark figure, based on the paperwork and documentation you have provided. Be sure to get information about fees and expenses in writing. Even if the figure is just an estimate, it will give you something to work with and make your life a lot easier.

What is the role of a probate attorney?

The role of any reputable probate attorney is to make the process of sorting through estate matters and filing the required paperwork as seamless and stress-free as possible for anyone dealing with the loss of a loved one.

What assets do not need probate?

Assets that do not need to go through probate may include: • Retirement accounts where a beneficiary was named. • Life insurance proceeds (unless "the estate" is listed as the beneficiary) • Property that's held in a living trust. • U.S. savings bonds registered as "payable upon death". • Pension plan distributions.

Do all assets need to go through probate?

Not all assets will need to go through probate. If the deceased person was married and almost everything was jointly owned, probate is not usually necessary with those assets. The same is true if the individual did some planning prior to their death to avoid probate.

Is a car titled to the deceased subject to probate?

Typically, any property that was solely owned by the deceased person is subject to probate. This usually includes things like a car titled to the decedent alone or real estate the individual owned. Shared property is also subject to probate.

Do law firms have answering service?

Some law firms have an answering service while some attorneys will provide their personal contact number for clients. Also, ask how they normally communicate with their clients. Even if there are no issues with probate, you'll still want to be kept informed of how the process is going.

Can you use mediation in a criminal case?

However, mediation is not available in all matters. It is available to most of the non-criminal cases, but some non-violent criminal cases , such as ones with verbal harassment, are able to use mediation. Any claims that do not involve legal issues, like a neighborhood dispute, can also use mediation to end a conflict.

What should an experienced attorney know?

An experienced attorney should be able to tell you which nuances of your case may cause delays and how to plan for them. Knowing this information in advance can help you obtain any necessary paperwork in advance, saving time. 6.

Do probate attorneys know immigration?

Some attorneys know immigration very well, others are proficient with criminal law, yet others primarily focus on real estate closings. When hiring a probate attorney, ask them (or look at their website) about other areas of law they practice.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What is the best way to protect assets after a loved one dies?

The best way to protect the assets is to open the estate right away.

What to do if you are unsure about your taxes?

If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues. The days and weeks following the death of a loved one can seem like a blur.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.